Northern Ireland Civil Service: Sick Leave

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 11 January (WA 27) concerning unacceptable levels of sick absence by Northern Ireland civil servants, by what criteria a level of sick absence is determined to be unacceptable.

Baroness Amos: My previous answer stated that the level of sickness absence in the Northern Ireland Civil Service is not satisfactory. This is when considered against the statistics and findings from a range of surveys and research papers covering the public and private sectors. Fit for Purpose, the reform agenda for the Northern Ireland Civil Service, commits to a progressive reduction in the level and/or cost of absenteeism with new targets to be in place by April 2005.

Khamisiyah: Nerve Agents

Lord Clement-Jones: asked Her Majesty's Government:
	Further to the Written Answer by Lord Bach on 18 November 2004 (WA 198), whether they will publish forthwith their assessment of the findings of the United States Department of Defense and the General Accountability Office modelling work.

Lord Bach: I refer my noble friend to the Written Ministerial Statement made on 27 January 2005 (Official Report, col. WS 58) announcing the publication of the Government's assessment. Copies of the report have been placed in the Libraries of both Houses.

Brownfield Land: ECJ Ruling

Baroness Hanham: asked Her Majesty's Government:
	What impact the European Court of Justice ruling that many contaminated brownfield sites need to be classified as "landfill" will have on their plans for urban development and regeneration, particularly in areas such as the Thames Gateway.

Lord Rooker: It is still too early to assess what the likely impact of the European Court of Justice ruling will have on the redevelopment of brownfield land. The Office of the Deputy Prime Minister is continuing to work closely with the Department for Environment, Food and Rural Affairs and other colleagues within the Government, and with industry to ensure that all policies affecting the redevelopment of brownfield land, including within the Thames Gateway, do not create unintended obstacles to regeneration.

Brownfield Land: ECJ Ruling

Baroness Hanham: asked Her Majesty's Government:
	Whether they have any plans to appeal against the European Court of Justice ruling that brownfield sites should be reclassified as "landfill".

Lord Whitty: Judgments by the European Court of Justice (ECJ) are binding on member states and their "competent authorities" and there is no right of appeal.
	The ECJ's judgment in Case C–1/03 was that:
	"Hydrocarbons which are unintentionally spilled and cause soil and groundwater contamination are waste within the meaning of Article 1(a) of the Waste Framework Directive. The same is true for soil contaminated by hydrocarbons, even if it has not been excavated."
	The judgment did not rule that brownfield sites should be reclassified as "landfill". The department is assessing the implications of the Court's judgment, including the regulatory controls it requires for land affected by contamination and the remediation of such land. On conclusion of this assessment, we intend to publish a Statement of the department's views on the judgment's implications. I am not yet in a position to confirm when this will be but I recognise the need for our competent authorities and industry to be informed as soon as possible of our conclusions.

Pesticides Safety Directive Study

The Countess of Mar: asked Her Majesty's Government:
	Upon which evidence from:
	(a) human toxicological data;
	(b) non-human mammalian toxicological data;
	(c) general practitioner medical records;
	(d) pesticide company doctor medical records;
	(e) Health and Safety Executive's Employment Medical Advisory Service medical records;
	(f) information provided by the National Poisons Information Service;
	(g) data from biochemical investigation tests; and
	(h) other information
	the Pesticides Safety Directorate concludes that "62 incidents . . . did not demonstrate a causal link between the pesticide and symptoms described".

Lord Whitty: The text as quoted is incorrect, the actual statement made by the Pesticides Safety Directorate was "The remaining 62 appear to involve the approved use of pesticides, although no causal link between the pesticide and the symptoms described has been proven". The PSD has not drawn any conclusions from the data submitted. As the reports provided in response to this exercise do not contain the toxicological data or medical records necessary to provide proof of a causal link it is important that the PSD drew attention to this. The results of the study will be sent to the Advisory Committee on Pesticides (ACP) and the Health and Safety Executive's pesticides incident appraisal panel (PIAP) who are currently considering them.

Foot and Mouth Disease

Baroness Byford: asked Her Majesty's Government:
	How much money is in dispute between the Government and the disposal company owned by Cumbria County Council following the foot and mouth disease outbreak; whether the whole amount is in dispute; whether they have paid, or will pay, parts of the claim that are agreed; and when they expect to resolve this matter.

Lord Whitty: The dispute, between the department and the disposal company owned by Cumbria County Council, arising out of the foot and mouth disease outbreak is the subject of High Court proceedings. The case is scheduled currently to be heard during 2005 subject to scheduling by the courts.
	The department is unwilling to state the sum in dispute between the parties without the express written agreement of the company, as it does not comment publicly on litigation to which it is a party.

Livestock: Road Casualties

Baroness Masham of Ilton: asked Her Majesty's Government:
	Who is responsible for unclaimed farm animals found at the roadside which require veterinary assistance.

Lord Whitty: The Highways Act 1980 makes it an offence to allow an animal to stray or lie at the side of a highway. The keeper of the straying animal would be liable for the expenses incurred in its removal and impounding.
	Depending on the type of road, the Highways Agency, police and local authorities have responsibility for removing unclaimed livestock from the highway. Where such an animal requires veterinary treatment, in practice private veterinary surgeons and veterinarians employed by voluntary welfare organisations provide assistance on request from the authority involved.

Liquid Biofuels

Lord Palmer: asked Her Majesty's Government:
	How they intend to establish a carbon accreditation scheme for liquid biofuels.

Lord Whitty: The Government are currently carrying out a feasibility study on the possible introduction of a renewable transport fuel obligation. This will consider, among other things, whether a carbon or wider environmental certification scheme might form an integral part of any obligation. A number of legal, practical and administrative issues need to be considered before any decision can be taken on this. In parallel, the Low Carbon Vehicle Partnership is preparing advice for the Government on how a certification scheme might operate.

Depleted Uranium

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	Why the 59,860 tonnes of depleted uranium held in the United Kingdom are regarded as an asset rather than waste; and for what purposes they can be used.

Lord Whitty: I refer the noble Baroness to the Answer given on 18 November 2004 (Official Report, col. WA 224).

Plutonium

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	What is the status of the spent plutonium held in the United Kingdom; and whether it is classified as an asset or waste.

Lord Whitty: The UK Government believe that it is for the owners of plutonium, subject to their meeting the appropriate safety, security and international safeguards requirements, to choose their preferred management option.
	It is important to distinguish between plutonium stocks held in the UK on behalf of foreign customers, as a result of the reprocessing of their spent nuclear fuel, and those held on behalf of UK nuclear generators and other UK companies. Plutonium owned by BNFL is currently classified as an asset at zero value. Plutonium held on behalf of BNFL's foreign customers is material owned by BNFL's customers and held by BNFL to their order.
	Plutonium owned by the United Kingdom Atomic Energy Authority is also classified as an asset at zero value. Plutonium is also owned by British Energy, but it is a matter for the company how it accounts for its stocks.

Radioactive Materials

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	What is the total value of radioactive materials that are registered as assets in the national asset register; and
	Under what heading radioactive waste materials appear in the national asset register.

Lord Whitty: No radioactive materials or radioactive waste materials are listed in the national asset register.

Reprocessed Fuel Oil

Lord Sutherland of Houndwood: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Whitty on 19 January (WA 116), in the event that operators of installations currently using reprocessed fuel oil switch to a non-waste alternative fuel, whether the residual used oil will be disposed of in an environmentally acceptable way.

Lord Whitty: The purpose of waste management controls is to ensure that waste is recovered or disposed of in ways which protect the environment and human health. Section 34 of the Environmental Protection Act 1990 imposes a "duty of care" on everyone who has responsibility for waste and requires any person subject to it to take all measures that are reasonable in the circumstances:
	to prevent any contravention by another person of waste management controls;
	to prevent the escape of waste from his or her control or that of any other person; and
	on the transfer of waste to ensure that it is transferred only to an "authorised person" (e.g. a registered waste carrier or someone who holds a permit or licence to recover or dispose of waste).
	Failure to comply with the duty of care is a criminal offence with a penalty, on conviction on indictment, of an unlimited fine. Further information about the duty of care is available on my department's website at www.defra.qov.uk/environment/waste/management/doc/index.htm.
	Article 5 of the Waste Oils Directive (as amended) requires that member states carry out public information and promotional campaigns to ensure that waste oils are stored appropriately and collected as far as possible. The Oil Care Campaign fulfils this requirement in the UK. The campaign is funded by the Environment Agency and further information about it is available on the agency's website at www.environment–agency.gov.uk/business/444251/444707/491098/?lang=– e.

Government Departments: Personal Information Databases

The Earl of Northesk: asked Her Majesty's Government:
	Which databases that hold personal information on individual citizens are currently maintained by government departments.

Baroness Ashton of Upholland: This information is not held centrally, and could be obtained only at disproportionate cost.

Schools: Personal, Social and Health Education

Lord Hanningfield: asked Her Majesty's Government:
	What is their response to the conclusion of the Ofsted report of 25 January that "Personal, social and health education (is) still poor in many secondary schools and non-existent in others"; and what action they intend to take to rectify the problem.

Lord Filkin: Schools must teach the statutory elements of the national curriculum on sex and relationships as well as drug, alcohol and tobacco education. We are encouraging schools to use the non-statutory framework for PSHE to deliver these statutory and other non-statutory elements of the curriculum. Guidance to schools on drug education and sex and relationship education makes clear the expectation that these statutory entitlements should be delivered through PSHE provision.
	We recognise there is a need for professional development opportunities for teachers of PSHE and to support teacher assessment in the subject. We have therefore introduced the PSHE certificate for teachers this year. Around 2,000 teachers in 2004–05 and a further 3,000 teachers in 2005–06 will benefit. We have also recently produced a new DVD resource for teachers, "PSHE into Practice", which will support teachers' professional development in PSHE. We are working with the Qualifications and Curriculum Authority to develop end of key stage statements to help teachers assess pupil progress in PSHE. These measures will help to improve the quality of PSHE teaching.

Schools: New and Replacement Schools

Baroness Walmsley: asked Her Majesty's Government:
	How many competitions for new secondary schools there have been in 2003, 2004 and 2005 to date.

Lord Filkin: There have been no competitions for new secondary schools since the requirement for a competition for additional secondary schools was introduced in June 2003. The Education Bill currently before Parliament will extend the requirement for competition to all new secondary schools, including schools replacing existing schools as a result of reorganisation, unless the Secretary of State agrees that in a particular case the objectives of increasing the quality and diversity of provision could be met by other proposals commanding support in the area.

Schools: New and Replacement Schools

Baroness Walmsley: asked Her Majesty's Government:
	How many replacement secondary schools have been approved in 2003, 2004 and 2005 to date.

Lord Filkin: The numbers of proposals for replacement secondary schools approved since 2003 are as follows:
	
		
			 Year Numbers 
			 2003 9 
			 2004 7 
			 2005 (to date) 0 
		
	
	These figures include proposals for new maintained secondary schools that have been approved by the LEA, school organisation committee or schools adjudicator under local decision-making arrangements. They include proposals for schools to be established as a result of local reorganisations and amalgamations and for voluntary or foundation schools with a religious character to replace existing community schools.
	These figures exclude academies as they are classed as independent state schools and approved under separate arrangements. Funding agreements were agreed and signed for two academies as replacement secondary schools in 2003 and a further 11 in 2004.

Schools: New and Replacement Schools

Baroness Walmsley: asked Her Majesty's Government:
	Whether they have abandoned their plans to give foundation bodies the power to establish new secondary schools.

Lord Filkin: The Government do not think it necessary to give foundation bodies explicit power to establish new secondary schools and are satisfied that that the existing provision for promoters to propose that a new school should belong to a foundation body is sufficient.

Schools: New and Replacement Schools

Baroness Walmsley: asked Her Majesty's Government:
	Whether they will publish the number and type of respondents to the consultation launched on 8 July 2004 which proposed that all proposals to establish new secondary schools should be open to competition.

Lord Filkin: The letter from officials of 8 July 2004 was sent to national representative bodies only, in order to inform them of our current thinking on school organisation issues. It was not a formal consultation, but did say the department would be happy to receive comments. In response to the letter the department received responses from nine individual local authorities and the following representative bodies:
	British Humanist Association
	Church of England Archbishops' Council
	Church of England Board of Education
	Institute of School and College Governors
	Local Government Association
	Methodist Church
	National Governors' Council
	National Union of Teachers
	Secondary Heads Association

Schools: New and Replacement Schools

Baroness Walmsley: asked Her Majesty's Government:
	What assessment they have made of possible delays in implementing secondary school reorganisation proposals if the requirement to hold a competition on the category and religious character of all new and replacement secondary schools is implemented.

Lord Filkin: Under the provisions of the current Education Bill, local authorities will be required to invite proposals from other providers before they publish any proposals of their own for new secondary schools. Proposals by promoters may be for foundation or voluntary schools, and these may have a religious character. Local authorities will need to factor the new arrangements into their planning cycle when considering any reorganisation of secondary education in the area. Once approved, the implementation of proposals should be on the same time-scale as under existing arrangements.

Health and Social Care: Deferred Payments Grant

Lord Lipsey: asked Her Majesty's Government:
	How many people have used Section 55 of the Health and Social Care Act 2001, under which a local authority may take a charge on a person's home rather than a contribution towards the cost of residential accommodation.

Lord Warner: The Department of Health does not hold records of the number of people who have used the deferred payments scheme. We expect this information to be held by individual local authorities.

Medical Research: Ethical Approval Costs

Lord Winston: asked Her Majesty's Government:
	Whether they plan to pass the costs of ethical approval applications for medical research projects, made to local research ethics committees, on to the researchers making such applications.

Lord Warner: We have no plans to do so.

EU Rail Directives

Lord Berkeley: asked Her Majesty's Government:
	Whether they intend to introduce regulations to implement European Union railway open access directives before the start of the United Kingdom presidency in July 2005.

Lord Davies of Oldham: The Government currently expect to transpose the directives (2001/12/EC, 2001/13/EC and 2001/14/EC) by the end of 2005. Transposing these directives is not expected to have a substantive impact on the railways in Great Britain, which already comply with the vast majority of the directives' requirements, aiming to open up the European rail market to competition.

Eurostar: Regional Services

Lord Dykes: asked Her Majesty's Government:
	What progress is being made in discussions with rail industry representatives about the extension of Eurostar, and other high speed train linkages to trans-European Union networks, for journey northwards from London.

Lord Davies of Oldham: The Department of the Environment, Transport and the Regions commissioned Arthur D. Little to make a comprehensive analysis of the costs and benefits of the options for regional Eurostar services and their report, Review of Regional Eurostar  Services was published on 17 February 2000. It concluded that there was not a positive economic business case for any of four options for direct regional services to Paris. The Strategic Rail Authority (SRA) has reviewed the market for direct international regional services and has concluded that in terms of likely demand the position has, if anything, worsened.

Rail Strategies

Lord Berkeley: asked Her Majesty's Government:
	What strategies have been prepared by the Strategic Rail Authority under Section 206 of the Transport Act 2000.

Lord Davies of Oldham: The table below provides a list of strategies published by the Strategic Rail Authority under Section 206 of the Transport Act 2000.
	
		
			 Date published Strategy 
			 May 2001 Freight Strategy 
			 January 2002 First strategic plan 
			 January 2003 Second strategic plan 
			 June 2003 West Coast Main Line Strategy 
			 June 2003 Network Utilisation Strategy 
			 October 2003 Network Output Statement 
			 December 2003 Rolling Stock Strategy 
			 March 2004 Midlands Main Line Route Utilisation 
			 Strategy 
			 November 2004 Community Rail Development Strategy